‘Parental alienation’ and the Family Court

Cases involving ‘parental alienation’ are increasing in the Family Court. But what is it, and how should the court handle it? Rob Hackett takes you through the key points from the guidance.

Understanding parental alienation
Parental alienation happens when a child is reluctant, resists, or refuses to engage with a parent due to the other parent's influence. The Family Justice Council (FJC) has provided guidance to help courts deal with these cases consistently and improve outcomes for children and families.

Three elements to prove alienation

• The child is reluctant, resisting, or refusing to engage with a parent.
• This reluctance is not due to the actions of the parent or other factors like the child's natural alignment with one parent.
• The other parent has behaved in a way that impacts the child's relationship with the parent.

Rarity of true alienation

• True cases of alienation are rare, but allegations are rising.
• A child's reluctance to see a parent can be due to many reasons, not just alienation.

Impact of parental separation

• Children may react with anger or resentment after parental separation.
• They may develop a natural preference for one parent without any alienating behaviour.

Domestic abuse and alienation

• Allegations of alienation can sometimes be used to counter claims of domestic abuse.
• The court should prioritise addressing domestic abuse allegations before considering alienation claims.
• If domestic abuse is proven, it may justify the child's rejection of a parent.

How we can help
If you believe these issues affect you or your children, contact Rob or a member of our specialist family law team for advice.